Catch up on stories from the past week (and beyond) at the Slashdot story archive

 



Forgot your password?
typodupeerror
×
The Courts Government Businesses Communications News

Mobile Phones Locked By DMCA 255

wellington map writes "A mobile phone company is arguing that companies that unlock their handsets violate the DMCA. They argue that the software on the phone is a copyrighted work, and the unlocker is breaking DRM in a way that violates the statutory prohibition on circumvention. A similar claim by Lexmark, which tried to apply it to people who refilled printer cartridges, has recently been rejected by the courts." From the Wired article: "The financial motive behind this claim is obvious. Companies have been using the razor blade business model to guarantee a steady stream of revenue ever since, well, the razor blade. Cell phone companies sell you a phone at a discount, and then make up the difference by requiring you to sign a multi-year contract promising to pay monthly fees for mobile phone service or to fork over a hefty termination penalty if you break the deal. But many customers, particularly those who travel internationally, want more choice."
This discussion has been archived. No new comments can be posted.

Mobile Phones Locked By DMCA

Comments Filter:
  • I'm screwed then (Score:4, Interesting)

    by Nuclear Elephant ( 700938 ) on Friday September 30, 2005 @10:34AM (#13684402) Homepage
    A mobile phone company is arguing that companies that unlock their handsets violate the DMCA

    So I gues that makes thos of us who hack [nuclearelephant.com] mobile [nuclearelephant.com] phones [nuclearelephant.com] terrorists or something?

    I would think that if you follow this logic, Verizon crippling their handsets so that customers can't access their own copyrighted works (pictures they've taken and messages they've received) without paying $0.25 is also a terrorist. I can live with that.
  • Re:Sounds good to me (Score:5, Interesting)

    by pixelpusher220 ( 529617 ) on Friday September 30, 2005 @10:38AM (#13684437)
    Um...here in the States, such a phone is more like the mythical Unicorn. We don't have the luxury of taking our phones with us when we switch providers. heck we've only had number portability for a couple years now!

    And no one is suggesting that if I 'unlock' my phone to use Provider B at some point, that I stop paying Provider A as my contract requires.

    If I have finished my service contract, why shouldn't I be able to use the phone on a different network if I so desire? Do the companies offer 'unlocking' services at the end of contract? (by which time they have been 'paid' for the 'cheap' phone)

    So it's just another tactic to prevent free market forces by using the DMCA, yes it's a Bad Thing(TM). Hopefully with exposure and some intelligent court rulings this too shall pass.


  • Re:Sounds good to me (Score:3, Interesting)

    by nblender ( 741424 ) on Friday September 30, 2005 @10:39AM (#13684443)
    Well, at least one problem I've encountered is with my vendor-neutral and non-discount SonyEricsson K750i. Now that the firmware is 'old', I want to upgrade it. The only way I can see to do that is via the official SE site with their software. It won't let me upgrade the firmware because it doesn't recognize the carrier that my phone is currently using. ie: it has no custom firmware matching my carrier.

    So, unless I do a bunch of secret-squirrel digging/haxoring, I have a dead-end product.

  • by Nuclear Elephant ( 700938 ) on Friday September 30, 2005 @10:39AM (#13684446) Homepage
    ... in many countries already. And soon (I hope) it may be in the US. We're working with a few congressmen who asked us to help with a bill [nuclearelephant.com] that's been drawn up.
  • by It doesn't come easy ( 695416 ) * on Friday September 30, 2005 @10:39AM (#13684459) Journal
    I hope they do so as well, but it probably won't be the end of it. The cell phone company simply needs to change the contract to say that if you unlock your phone then you have to pay xxx dollars to the cell phone company. Should be legal, and if they make it prominent they might not even piss off their customers, who knows. Personally, if the company gives me the choice, I would rather pay for the phone up front and not sign a contract. Contracts mean the companies can concentrate on new sales and not existing customer support or quality of service (most of us change cell companies because we are dissatisfied with our existing company, not because the new company is better). As long as we have contracts, we lose in service and quality.
  • Re:Sounds good to me (Score:5, Interesting)

    by pla ( 258480 ) on Friday September 30, 2005 @10:40AM (#13684461) Journal
    Is this one of those things where it must be bad because it contains the worst of the slashdot four letter words (DMCA)?

    Actually, yes. I have yet to see a "good" occurrence of that four-letter word (acronym). At best, ironic or just-desserts, but never actually "good".



    What's the problem? If you want to pay less for a locked in phone thats your buisness.

    You miss the point - Yes, the phone comes cheap as part of signing a 2-year contract (usually), but after that?

    This doesn't involve people trying to get out of their contracts. Just people trying to keep using their phone once they have satisfied whatever contractual obligations exist that might justify calling it "not theirs".

    When every object we posess contains some amount of copyrighted material, will companies successfully argue that we don't actually "own" anything? "Sorry, that pointy stick contains DNA for which Monsanto owns the copyright. Using it to defend yourself against a non-Monsanto-approved bear violates the DMCA".
  • by Generic Guy ( 678542 ) on Friday September 30, 2005 @10:40AM (#13684466)
    The point is, if I own a product, be it cellphone, printer, or razor, it is mine. The courts ultimately ruled against Lexmark in this matter

    But the court upheld Lexmark in the toner suit (EULA issue), where Lexmark provides a discount to people who bought the "cheaper" box on condition of returning it back only to Lexmark for recycling. Due consideration, in the court's opinion, was the cheaper price.

    Since the phones are subsidized by the service providers I can easily see a court siding with them, also due to the 'cheaper price' consideration. The court would see the cheaper price as due consideration.

  • Easy! (Score:5, Interesting)

    by chrisbtoo ( 41029 ) on Friday September 30, 2005 @10:49AM (#13684580) Journal
    [U]nlock[ing ...] handsets violate the DMCA. [...] Those who travel internationally, want more choice.

    So unlock them in a country that doesn't have the DMCA. No problem.
  • by jcostantino ( 585892 ) on Friday September 30, 2005 @10:52AM (#13684615) Homepage
    Cellular providers sell the subsidized phones with the expectation that they will recoup their losses during the term of the contract. Nothing wrong there. It's when they lock the phones AND slap you with a ~$200 fee for breaking the contract that it bothers me. The only phones, IMHO, that should be locked are PAYGO (pay as you go) and that's because they are somewhat discounted with no contract so they need to be on the network of whoever sold them.

    By the way, and I'm not saying this to be mean or anything because I do enjoy reading your opinions here but... do you live here? I almost always see your comments as FP (or first +0 or better comment) or damn near it.

  • A year late... (Score:1, Interesting)

    by Anonymous Coward on Friday September 30, 2005 @10:55AM (#13684649)
    But never too late!

    I came up with [slashdot.org] this idea about 2 years ago. Looks like they followed suit...

    (Still not logged in because slashdot still sucks)
  • by MindStalker ( 22827 ) <mindstalker@[ ]il.com ['gma' in gap]> on Friday September 30, 2005 @10:57AM (#13684663) Journal
    Agreed, my dad once broke his phone and didn't have the insurance plan so he went down and got a cheap no contract paygo from walmart that was the exact same phone as he had before. Turned around it and activated it. He never even used the minutes that came with the paygo.
  • Comment removed (Score:4, Interesting)

    by account_deleted ( 4530225 ) on Friday September 30, 2005 @10:57AM (#13684672)
    Comment removed based on user account deletion
  • Re:Sounds good to me (Score:3, Interesting)

    by It doesn't come easy ( 695416 ) * on Friday September 30, 2005 @11:05AM (#13684759) Journal
    Personally, I have specifically asked a cell phone company (I'm not naming names) if I could use an old phone that I had (bought from them about two years earlier) with a new service plan without a contract. I had cancelled my previous plan months earlier with them because of certain circumstances. Even though they still sold the exact same phone with some of their plans, I was told that I had to buy a new phone and sign up under a contract. They would not let me use my existing phone. It was pretty obvious that they're much more interested in getting you locked into a contract vs. worrying about recouping the phone subsidy.

    The subsidized cell phone is a win/win for the cell phone service provider and the manufacturer. The provider locks you into a contract (thereby avoiding competition based on quality of service) and the manufacturer need not worry about reducing costs. All subsidies eliminate competition in some fashion. It does not benefit you the consumer.
  • by LanMan04 ( 790429 ) on Friday September 30, 2005 @11:06AM (#13684766)
    Sure, the phone company subsidizes your phone hardware by locking you into a certain term length of contract... So, if you unlock your phone and use it with another provider, YOU'RE STILL STUCK WITH THE TERMS OF THE CONTRACT. Therefore, what's the point of worrying about locking the customer out? A contract's a contract.

    1) Sign up for cell phone service with the provider you want to stick with.
    2) For your free (or super-discounted) phone, get the most expensive one they have.
    3) Unlock that phone.
    4) Sell it on eBay as an unlocked phone for possibly more than retail price.
    5) PROFIT!!
    6) Buy the unlocked phone you really want from an online retailer.

    See, instead of your provider giving you some phone you don't want, they gave you its value in $$ which you applied to a phone you really wanted. That's what I did with T-mobile, and it got me $140 off a $230 phone I wanted.

    Hooray!
  • Re:Sounds good to me (Score:3, Interesting)

    by Red Flayer ( 890720 ) on Friday September 30, 2005 @11:25AM (#13685023) Journal
    "When every object we posess contains some amount of copyrighted material, will companies successfully argue that we don't actually "own" anything? "

    The solution I see would be to mandate that any copyrighted part of a non-copyrighted object be made removable. If I don't use the copyrighted part, then no problem, correct?

  • by huge colin ( 528073 ) on Friday September 30, 2005 @12:09PM (#13685626) Journal
    In Finland, it is illegal to sell a locked phone. Once again -- manufacturers in Finland cannot legally sell a phone that is locked to one carrier.

    Hmm.
  • by mwsudave ( 919240 ) on Friday September 30, 2005 @12:16PM (#13685698)
    Amen EASY!!! I am sooooo tired of being told, by my cell phone company, I'm sorry, there's nothing we can do for you, you're not "due for upgrade" at this time!! I'll by the phone I want. If I like your sevice, I'll stay with you. If I don't, you'll lose my business to someone else. If things go like they should, I can see cell phones becoming the now land lines of the future.

"Gravitation cannot be held responsible for people falling in love." -- Albert Einstein

Working...